Víctor García Toma: "The Executive is advancing in the intention of the self-coup"

Updated 11/28/2022 08:01 PM m.

Victor Garcia Takesconstitutional lawyer, reaffirms that the only intention of the Executive is to dissolve the Parliament unconstitutionally.

Is the act signed by the ministers regarding the denial of confidence legal?

The Council of Ministers, on November 24, has made an act against the express meaning of the law and a sentence issued by the TC that supports Congress. What does the CT say? There is no factual refusal in the Constitution. If it is done, an infringement of the Constitution is committed by the ministers who signed this act. Article 38 of the Constitution makes it very clear that all Peruvian citizens are obliged to comply with the Constitution. The art. 128 says that ministers are responsible for acts contrary to the Constitution, which would mean a disqualification from political office for 1 to 10 years.

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What is the executive looking for?

The Executive Power continues advancing in the intention of a self-coup, of a de facto government. The appointment of Betssy Chávez is one more example; she would not deserve to have the vote of confidence. She is a highly questioned minister. She first for being censured for being incompetent and now for being a person investigated for having named people close to her partner, a fact that could mean a criminal charge. That is, the government has put it there for that (so that Congress does not give it confidence)

Why is it important that the TC be pronounced again for the third time?

This resolution of the Constitutional Court is important because it closes the discussion; prevents the Executive from trying to deceive the public with false interpretations. This would make it clear that the Executive’s conduct is unconstitutional. It is about looking for fleas on the louse: “we are going to see where we can get hold of so that Congress takes away the confidence of two cabinets and with that we are heading towards a dissolution of Congress.”